Court of Appeal rules ‘bedroom tax’ discriminatory

“A”, a single mother, lives in a three-bedroom council house which had a panic room installed to protect her from her ex-partner. This was deemed a spare room under the policy.

The second case, brought by Paul and Sue Rutherford, dealt with the effect of the policy on disabled children who require overnight care.

The policy was declared discriminatory against such children and victims of domestic violence.

The Lord Chief Justice, Lord Thomas of Cwmgiedd, Lord Justice Tomlinson and Lord Justice Vos said they were allowing the appeals as the “admitted discrimination in each case … has not been justified by the Secretary of State”.

But the Department of Work and Pensions (DWP) has been granted permission to appeal the ruling to the Supreme Court.

In A’s case the panic room was deemed a spare room under the regulations, with A considered to be “under-occupying” her home. In the Rutherfords’ case the extra room was filled with things their grandson, Warren, needs each day. Warren’s genetic disorder means he is doubly incontinent, cannot walk, talk or feed himself.

The DWP said A’s case lacked credibility as discretionary housing payments are available to people facing exceptional circumstances.

In the Rutherfords case, Mr Justice Stuart-Smith said at the High Court in 2014 that such payments made up for the rental shortfall until April 2015 and that no evidence suggested they would fail to do so thereafter.

Mr Rutherford told the BBC: “I’m a bit lost for words. I could almost cry with happiness.”

He added: “Other people are going to benefit from this decision as well. That was partly why we did it.”

A’s solicitor, Rebekah Carrier said: “These changes to housing benefit have had a catastrophic impact upon vulnerable people across the country.

“Our client’s life is at risk and she is terrified. The anxiety caused by the bedroom tax and the uncertainty about this case has been huge.

“She lives in a property which has been specially adapted by the police, at great expense, to protect her and her child.

“The prospect of having to move to another property – where she will not have any of these protections – or take in a lodger has loomed large for her during the three years it has taken this case to come to the court of appeal.”

Ms Carrier added: “She is a vulnerable single parent who has been a victim of rape and assault. She is delighted that the court of appeal has recognised the impact that the bedroom tax is having on her and others like her.

“She very much hopes that the Secretary of State will now see sense and agree to change the rules to protect the small but extremely vulnerable class of women and children who need the safety of a sanctuary scheme whilst they try to rebuild their lives after surviving domestic violence.”